A Fine Gael activist has told the High Court a voting pact which ensured Deputy John Perry would get a colleague’s second preferences at a selection convention had worked on the night.
Councillor Hubert Keaney also said people engaged in registering 686 voters at the convention, held in a ballroom in Drumshanbo, Co Leitrim, on October 16th, were not given the proper environment to do the job.
It was not an orderly environment because there were too many people approaching three registration desks, he said.
The people doing the registration were doing their best but could not conduct their jobs in an effective manner, Mr Keaney said.
He was giving evidence on the third day of Mr Perry’s action against the trustees of FG.
Mr Perry is seeking orders setting aside the result of the convention which he lost. He claims there were serious irregularities in the conduct of the convention, held to select two candidates for the general election.
Mr Keaney was the agent for Senator Michael Comiskey, one of the four candidates on the night, who came second in the first count.
The court heard there was a Fine Gael strategy directive requiring there must be one candidate from Sligo and one from Leitrim.
Mr Perry says, although he received the lowest first preference vote, he would still have been elected were it not for the alleged irregularities.
Leitrim candidate Gerry Reynolds topped the poll but was one short of the quota which meant the lowest candidate, Mr Perry, was eliminated. If it was not for the alleged irregular voting, Mr Reynolds would have been elected on the first count, Mr Perry claims.
Mr Perry says because of the directive, it should have been Sen Comiskey, as a Leitrim-based candidate, who was eliminated. He had a pact with Sen Comiskey to get his second preferences most of which would have went to him, Mr Perry claims.
Cllr Keaney told the court he turned to Mr Perry’s agent as both watched the ballot papers coming out of the box that night and said the pact was “working”.Cllr Keaney also said he believed the Taoiseach had given a public commitment all sitting TDs would be allowed stand in the election. A lot of people at the convention were aware of this, he said.
Fine Gael, which is opposing Mr Perry’s case, says what the Taoiseach actually said was that sitting TDs would be allowed run at convention.
Asked by Mr Justice Paul Gilligan did it not cross his mind to complain about the running of the convention, Cllr Keaney said it was not in his nature to complain. His duty on the night was to ensure various people he was expecting had come to the convention.
He said he did raise other aspects of disorganisation with the returning officer Darragh Kelly in relation to a number of people not allowed vote on the night.
He said he sought the register of voters marked off on the night from Mr Kelly and party general secretary Tom Curran but was told by Mr Curran he was not entitled to it. He was later told he would get it in a few days but two weeks passed before he got it.
Cllr Keaney said he heard Mr Curran say on the night the ballot papers would have to be kept safe in case there was a challenge. He saw a ballot box left unattended in a room on two occasions, Cllr Keaney saud.
Under cross examination, he agreed voting pacts don’t always deliver but said he believed it had worked on this occasion.
Thomas Walsh, Mr Perry’s parliamentary secretary and agent on the night of the convention, said he felt there were better venues available than the Drumshambo ballroom. As someone with a background in public health, he believed a health and safety officer would have closed it down had one been there that night, he said.
Earlier, Michael Marsh, retired professor of political science in Trinity College, said if Mr Reynolds had been elected on the first count there was a significant probability Mr Perry would have been elected on the second on the basis of the other Leitrim candidate being eliminated. One would have expected Mr Perry to get more than 50 per cent of Comiskey’s second preferences, he said.
The case continues.